Legal Opinion

De Arakie v. De Arakie

Appellate Division of the Supreme Court of the State of New York

Decided March 4, 1993PublishedCited by 1 opinion

1Opinion of the Court

—Order and judgment (one paper), Supreme Court, New York County (Diane A. Lebedeff, J.), entered July 1, 1992, which, inter alia, denied plaintiffs motion for a change of custody of the parties’ children, unanimously affirmed, without costs.

Permanent custody having been initially awarded to defendant mother (172 AD2d 398), a change should not be made except upon a showing that she is "unfit or perhaps less fit” to continue as custodian, making a change necessary in order to insure the welfare of the children (Obey v Degling, 37 NY2d 768, 770; David W. v Julia W., 158 AD2d 1; see also,…

2Cases cited7 opinions

  1. Friederwitzer v. FriederwitzerNew York Court of Appeals · 1982
  2. Obey v. DeglingNew York Court of Appeals · 1975
  3. David W. v. Julia W.Appellate Division of the Supreme Court of the State of New York · 1990
  4. Feldman v. FeldmanAppellate Division of the Supreme Court of the State of New York · 1974
  5. Rodolfo "CC" v. Susan "CC"Appellate Division of the Supreme Court of the State of New York · 1971

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Elizabeth T.L. v. Jeffrey C.L.Appellate Division of the Supreme Court of the State of New York · 2005

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